The URL can be used to link to this page

Home My WebLink AboutDSHW-1991-001675 - 0901a0688013d684DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEALTH DSHW TN Suzanne Dandoy, M.DTUPM. « ^"'^'" •" ^^ ^ "''"'T """'' 1991.3031? ^ ;...r^: 288 North 1460 West. FO.BO)^ 16690 */WU IO Norman H. Bangerter Governor Executive nifPTior Kenneth L Alkema ,» Salt Lake Cily, Utah 84116-0690 Director • (801)538-6170 May 31, 1991 E. Richard Anderson, Manager Environmental Planning & Operations Hercules Aerospace Company Bacchus Works Magna, Utah 84044-0098 Dear Mr. Anderson: Re: Final Stipulation and Consent Order for resolution of Notice of Violation, No. 90100006: Hercules Inc., Bacchus Works, UTDOOl 705029 Enclosed is a copy of the revised Stipulation and Consent Order, which reflects the negotiated changes and will resolve the issues presented in the Notice of Violation, No. 90100006. In order to expedite this issue we are proceeding with the thirty (30) day Public Comment period. If you have any concerns regarding this revised Order please contact this office prior to or before the end of the comment period. The comment period will start on May 31, 1991 and conclude on July 1, 1991. It is anticipated that this issue will be available for Committee approval at the July Committee meeting. Again we would like to acknowledge your efforts in correcting the problems that were noted in an expeditious manner. We acknowledge the difficulties surrounding resolutions of this nature, and appreciate the professional demeanor of yourself and your staff during those negotiations. Information presented after the inspection and in response to the Notice of Violation was taken into consideration when penalty calculations were made. If you have any questions regarding this matter, please contact Bill Wallner at 538-6170. Sincerely, ' Dennis R. Dowfisf'Executive Secretary, Utah Solid and Hazardous Wastes Committee DRD/WMW/bw f:\...\s&co391.her May 17, 1991, 11:18am Enclosure c: Harry L. Gibbons, M.D., M.P.H., Health Officer/Department Director, Salt Lake City/County Health Department Rick Rathbun, Office of the Attorney General Nat Miullo, U.S. EPA, Region Vlll BEFORE THE UTAH SOLID AND HAZARDOUS WASTES COMMITTEE ooOoo In the Matter of; Hercules Inc. Bacchus Works UTD001705029 STIPULATION AND CONSENT ORDER No; 91030026 ooOoo This STIPULATION AND CONSENT ORDER is issued by the UTAH SOLID AND HAZARDOUS WASTES COMMITTEE (the Committee) pursuant to the Utah Solid ancJ Hazardous Waste Act (the Act), section 26-14- 1, et seg., Utah Code Annotated (1953, as amended). JURISDICTION 1. The Committee has jurisdiction over the subject matter of this CONSENT ORDER pursuant to Section 26-14-11, Utah Code Annotated (1953, as amended), and jurisdiction over the parties. FINDINGS 2. Hercules, Inc. (Hercules) is a Delaware Corporation doing business in Utah. 3. Hercules engages in the development, testing, manufacture and marketing of explosives, propellants, rocket motors and carbon fiber products at facilities in Magna, Salt Lake County, Utah, known as Bacchus Works. These facilities include Plants 1, 3 and 4 owned and operated by Hercules, and the Naval Industrial Reserve Ordinance Plant (NIROP) owned by the United States Navy and operated by Hercules. 4. Hercules generates listed and characteristic hazardous waste as defined by R450-2 of the Utah Administrative Code (the Code). 5. Hercules was issued Hazardous Waste Emergency Permit UT-04-90 on July 16, 1990 for storage of hazardous waste in Building 2495 (Shipping 3). 6. Hercules and the Committee entered into Stipulation and Consent Order No. 8606396 (the Consent Order) on August 16, 1988. The purpose of the Consent Order was to investigate and, if necessary, perform corrective action at solid and hazardous waste management units at the facility. 7. Hercules is subject to all applicable provisions of the Act, the Code, the Emergency Permit, and the Consent Order. 8. Authorized representatives of the Utah Solid and Hazardous Wastes Committee conducted a hazardous waste inspection at the Hercules facility, on July 25, July 30, August 1, August 2, August 6, August 14, August 22, August 27, and September 5, 1990 (the August 1990 inspection). 9. The Committee issued NOTICE OF VIOLATION No. 90100006 (the NOV) on December 10, 1990, alleging violations by Hercules of the Act, the Code, the Emergency Permit, and the Consent Order. These alleged violations concerned the handling and storage of hazardous wastes by Hercules at its Bacchus Works. 10. Hercules submitted information relating to the inspection on November 8, 1990. Hercules filed responses to the NOV on January 11, 1991, and February 11, 1991, and requested a hearing before the Committee. 11. The parties now wish to resolve this matter fully without further administrative or judicial proceedings. By entering into this CONSENT ORDER, Hercules withdraws its requests for a hearing. STIPULATION AND CONSENT ORDER 12. In full settlement of the Committee's alleged and potential claims for violations.alleged in the NOV, Hercules shall pay the sum of Fifteen Thousand ($15,000.00) Dollars to the Utah Department of Health, c/o Dennis R. Downs, Executive Secretary, Utah Solid and Hazardous Wastes Committee, P.O. Box 16690, Salt Lake City, Utah 84116-0690. This amount has been determined using the Committee's Civil Penalty Policy, which considers such factors as magnitude of the violation(s), degree of environmental harm or the potential for such harm, response and investigation costs incurred by the State, good faith efforts to comply, and other factors. Full payment shall be made within thirty (3 0) days of entry of this CONSENT ORDER. EFFECT OF CONSENT ORDER 13. For the purpose of this CONSENT ORDER, the parties agree and stipulate to the above stated facts. The stipulations contained herein are for the purposes of settlement and shall not be considered admissions by any party and shall not be used by any person related or unrelated to this CONSENT ORDER for purposes other than determining the basis of this CONSENT ORDER. Nothing contained herein shall be deemed to constitute a waiver by the State of its right to initiate enforcement action, including civil penalties, against Hercules in the event of future non-compliance with this CONSENT ORDER or with the Act and/or the Code, nor shall the State be precluded in any way from taking appropriate action should such a situation arise at the Hercules facility. However, entry into this CONSENT ORDER shall relieve Hercules of all liability for violations alleged in the NOV. EFFECTIVE DATE 14. This CONSENT ORDER shall become effective upon execution by Hercules and the Executive Secretary of the Committee. Dated this day of , 1991 Hercules Inc. Utah Solid and Hazardous Wastes Committee By: Title; Dennis R. Downs Executive Secretary DRD/WMW/bw